Law No. 134 Of 21 July 2000 Concerning Industrial Parks

Original Language Title:  LEGE nr. 134 din 21 iulie 2000 privind regimul parcurilor industriale

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Law No. 134 of 21 July 2000 concerning industrial parks published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 346 of 25 July 2000, the Parliament of Romania adopts this law: chapter I General provisions Article 1 (1) this Act regulates the arrangements for the establishment and operation of industrial parks.
  

(2) industrial parks represents strictly delimited areas, within which investment activities, industrial production and related services, in a procedure facility.
  


Article 2 (1) shall be set up industrial parks to boost economic and social development, the realization of technology transfer, attract investment and capitalization of human resources in the area.
  

(2) through the establishment of the system of ensuring industrial park companies that operate within the perimeter of its access to the necessary infrastructure to conduct economic activities.
  


Institutional framework chapter 2 Article 3 National Agency for regional development is the specialized body of the central public administration, which, for the purpose of promoting and establishing the system of industrial park and the management of resources necessary for the development thereof, shall have the following powers: to analyse and approve proposals) establishing industrial parks;
  

b) manages all budgetary and extra-budgetary funds to develop industrial parks;
  

c) establishes, in accordance with the detailed procedures for the application of this law to the specific criteria for the granting of the funds referred to in b);
  

d) organizes regular competitions for selection for grant funds;
  

e) monitor the use of funds granted for the development of industrial parks;
  

f) analyzes and evaluates reports prepared by the holders of the title of industrial park and, if appropriate, a decision may be its withdrawal, in the situations referred to in article 1. 16;
  

g) cooperates with the ministries, other specialized bodies of central public administration authorities of local public administration, with the Chambers of Commerce and industry, organisations aimed at supporting regional development and small and medium enterprises, as well as with independent experts to analyse proposals for setting up industrial parks and to identify opportunities for the creation of new industrial parks;
  

h) subject to the Government for approval, draft normative acts concerning the development of industrial parks.
  


Article 4 in order to develop industrial parks, National Agency for regional development manages funds from the following sources: (a) the amount approved annually by) State budget law, as a distinct position, allocated special funds available to Government;
  

b) funds under PHARE and structural funds-type, which will be provided to Romania by the European Union;
  

(c) non-refundable financial assistance);
  

d) other sources of funding.
  


Chapter 3 the establishment and operation of industrial parks in article 5 (1) initiative as an industrial park may belong to local public administration authorities, chambers of Commerce and industry, employers ' and professional associations, as well as joint-stock companies, based in Romania, having as main activity management of industrial parks.
  

(2) based on the Proposal of setting up an industrial park shall be sent by the initiatori to the National Agency for regional development.
  

(3) expenditure related to the analysis and evaluation of proposals will be borne by the initiator. The maximum amount of such expenditure will be established by order of the President of the National Agency for regional development, not later than 30 November of the previous financial year. Amounts collected in accordance with this paragraph, not used in actual execution, shall be carried over to the following year.
  

(4) the granting of the title of industrial park is made by order of the President of the National Agency for regional development for all initiatives that meet the conditions laid down in article 21. 6 and 7, within 90 days after registration of the establishment proposal forwarded in accordance with paragraph 1. (2) and (5) the title of industrial park is valid for the duration, within and under the conditions specified in the order of the President of the National Agency for regional development.
  

(6) the duration of existence of the industrial park will be a minimum of 25 years and will be determined in the light of the objectives pursued by the national program of economic development.
  


Article 6 the title of industrial park is granted any stock trading company, based in Romania, having as their sole object the administration of industrial parks, which satisfies the following minimum conditions are cumulative: a) to hold the title of ownership or use, for a period of at least 25 years, over land related industrial park;
  

b) to submit a feasibility study and a business plan on at least 3 years, related to the operation of the industrial park;
  

(c) legal persons) will work in the industrial park, according to the legal documentation of intent or commitment, to be at least 5, and as a result the development of specific activities to create, within a period not exceeding 3 years, a total of at least 300 new jobs;
  

(d)) to submit an environmental assessment encompassing the obligations which must be met for operating in the industrial park, in full compliance with the legal requirements in force concerning environmental protection;
  

e) to present the agreement, valid for the duration of operation of the industrial park, the local Council, the County Council, of the General Council of Bucharest, where appropriate, as well as the agreement in principle of the Regional Development Council on the programme of economic and social development proposed for obtaining the title of industrial park, for specific activities, namely the implementation of regional objectives.
  


Article 7 the title of industrial park may not be achieved by those companies which are located in one of the following situations: a) are in the process of voluntary dissolution or liquidation, reorganization, or bankruptcy;
  

b) have not fulfilled the obligations assumed previously, in another industrial park;
  

c to pay outstanding) taxes, fees and other amounts due, as applicable, of the State budget, local budgets and special funds budget.
  


Article 8 (1) the holder of the title of industrial park has the following obligations: a) to achieve and exploit industrial park in accordance with feasibility study and business plan, set out in the offer documentation, and in compliance with the conditions specified by order of the President of the National Agency for regional development, issued in accordance with art. 5 para. (4);
  

b) submit, no later than 31 March of the following year, an annual report on the work of the industrial park;
  

c) submit, if in receipt of funding from the budgetary and extra-budgetary funds to develop industrial parks managed by the National Agency for regional development, on a quarterly basis not later than the 25th of the following month, financial reports and, annually, not later than 31 March of the following year, an audited report on how to use them.
  

(2) the holder of the title of industrial park is entitled to represent the economic operator who operates in the industrial park to obtain approvals for specific activities.
  


Article 9 (1) by way of derogation from the provisions laid down by law, public or private property of the State or administrative territorial units, included in the site of the industrial park, concesioneaza, that is subconcesioneaza or subinchiriaza, that rents through direct entrustment.
  

(2) in the case of subconcesionarii or subinchirierii, according to para. (1) as an exception to the legal provisions, it is not necessary to be arranged.
  


Article 10 (1) the operation of the industrial park is achieved through commercial contracts, entered into between the owner and the beneficiaries of the specific activities that can develop, the Romanian or foreign legal entities, select, where, through a public tender.
  

(2) the holder of the title of industrial park can provide entrepreneurship for construction-Assembly works and commissioning, repair and maintenance of goals, provide public services and utilities, as well as services related to the conduct of the activities of the parks.
  

(3) in order to promote, at the request of the National Agency for regional development, the holder of the title of industrial park has the obligation, without harming the interests of the beneficiaries, to present the industrial park as a reference for potential investors.
  


Chapter 4 Article 11 Facilities operators operating in the industrial park benefits from the following facilities: a) the exemption from customs duties and value added tax on imports for cars, machinery, installations, equipment, means of transport, agricultural machinery, tools and other goods necessary to carry out depreciation and carrying out investment;
  


b) exemption from customs duties and value added tax on import of raw materials, spare parts and components to be used for the construction, renovation and maintenance of the objectives in the area of the Park;
  

c) tax exemption for reinvested in upgrading industrial technology, infrastructure development, investment support objectives within the industrial park, for a period of 5 years from the establishment;
  

d) secure co-financing min, with or without obligation for reimbursement of funds intended for development of industrial parks, up to a maximum of 25% of the amount of investment necessary to continue work on the infrastructure and utilities from the respective industrial park, with the exception of external financing, in which case the limit is determined by the amount of external funding;
  

(e) payment of benefits to) local taxes and fees, based on the decisions of the local councils and regions whose administrative-territorial RADIUS is an important industrial park in question, for a period not exceeding five years;
  

f) Chambers of Commerce and industry will ensure, in collaboration with public institutions, obtaining approvals, permits and licences, for work in industrial parks.
  


Article 12 title Holder industrial park benefits from all the facilities provided for in article 10. 11, as well as exemption from payment of the fee for the use of State property, land for purposes other than agriculture or silviculture, and exemption from paying the levies charged for changing the destination or removal from set-aside land intended for the realisation of the investment.


Chapter 5 transitional and final Provisions Article 13 by way of derogation from the provisions of art. 1 of law No. 84/1992 on free zones, industrial parks, a decree of the Government, can establish the regime of free zone, where companies that operate within their production carried out and/or services intended exclusively for export.


Article 14 (1) the use of all or part of the sums allocated by the National Agency for regional development of the title holder of the industrial park without compliance with deadlines and destination for which they were granted, it is noticed by the control bodies empowered by law.
  

(2) the amounts set out in paragraph 1. (1) the amount shall be refunded, within 60 days after the finding of the enforcers of a change of destination of the funds, i.e. following the withdrawal of the title of industrial park, in accordance with the provisions of art. 16, while providing for the seizure of any insurer, in emergency, in favor of the National Agency for regional development.
  


Article 15 (1) in the event that the beneficiaries of the industrial facilities closed voluntarily cease specific activities or investments, in a period of less than twice the period benefited from them, will pay the amounts granted priority facilities, in accordance with the provisions of this law to the respective budgets, plus any interest on arrears and increases provided for by law.
  

(2) taxes and fees shall be paid to the results of the liquidation of investments or other appropriate rights of shareholders.
  


Article 16 (1) National Regional Development Agency may withdraw the title of industrial park, where its owner is located in one of the following situations: a) don't realize the objectives and conditions set by order of the President of the National Agency for regional development, issued in accordance with the provisions of art. 5 para. (5);
  

(b) does not meet the minimum conditions). 6;
  

c) do not comply with the intended use and terms of use of all or part of the amounts allocated from funds intended for the development of industrial parks.
  

(2) facilities granted to beneficiaries shall cease on the date of the withdrawal, unless it has been withdrawn for reasons unrelated to one or more recipients. In the latter case, the persons concerned will enjoy further facilities granted in accordance with the provisions of this law, for the duration indicated in the order of the President of the National Agency for regional development, which approved the establishment of the industrial park.
  


Article 17 the provisions of this law shall also apply to the parks for the development of information technology.


Failure to comply with the provisions of article 18 of this law shall entail administrative liability, civil or criminal, as appropriate, in accordance with the legal provisions in force.


Article 19 within 60 days of the publication of this law in the Official Gazette of Romania, the National Agency for regional development will work out detailed rules for the application of the law and will submit them to the Government.


Article 20 this law shall enter into force on the 60th day following its publication in the Official Gazette of Romania, part I. On the same date shall repeal any provisions to the contrary.
This law was adopted by the Senate at its meeting on 19 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. NICHOLAS V this law was adopted by the Chamber of deputies at its meeting on 20 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU ─ ─ ─ ─ ─ ─ ─ ─ ─ ─